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Deregulation Act 2015

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This is the original version (as it was originally enacted).

80Criminal procedure: written witness statements

This section has no associated Explanatory Notes

(1)Section 9 of the Criminal Justice Act 1967 (proof by written statement) is amended as follows.

(2)In subsection (2)(d) (objections to the tendering of written statements), for “within seven days from the service of the copy of the statement” substitute “within the relevant period”.

(3)After subsection (2) insert—

(2A)For the purposes of subsection (2)(d), “the relevant period” is—

(a)such number of days, which may not be less than seven, from the service of the copy of the statement as may be prescribed by Criminal Procedure Rules, or

(b)if no such number is prescribed, seven days from the service of the copy of the statement.

(4)Omit the following—

(a)subsections (3) and (3A) (which make provision about the content of written statements etc);

(b)subsection (6) (which provides for written statements to be read aloud unless the court otherwise directs);

(c)subsection (8) (which deals with the service of documents).

(5)In consequence of subsections (2) and (3), paragraph 10 of Schedule 4 to the Wireless Telegraphy Act 2006 is amended as follows—

(a)after sub-paragraph (2) insert—

(2A)The statement is to be treated as properly served for the purposes of section 9 of the Criminal Justice Act 1967 (proof by written statement), even though the manner of service is not authorised by Criminal Procedure Rules.;

(b)in sub-paragraph (3)—

(i)omit paragraph (a) and the “and” following it;

(ii)in the closing words, for “either of those sections” substitute “that section”;

(c)after sub-paragraph (5) insert—

(5A)If the alleged offender makes a request to be tried, section 9(2A) of the Criminal Justice Act 1967 (time for objection) is to apply—

(a)with the substitution for the reference in paragraph (a) to such number of days, which may not be less than seven, from the service of the copy of the statement of a reference to such number of days, which may not be less than seven, beginning with the day after the one on which the request to be tried was made, and

(b)with the substitution for the reference in paragraph (b) to seven days from the service of the copy of the statement of a reference to seven days beginning with the day after the one on which the request to be tried was made.;

(d)in sub-paragraph (6)—

(i)omit paragraph (a) and the “and” following it;

(ii)in the closing words, for “are to apply” substitute “is to apply”.

(6)In consequence of subsection (4)—

(a)in the Magistrates’ Courts Act 1980, in section 12(3)(b)(ii), for “subsections (2)(a) and (b) and (3)” substitute “subsection (2)(a) and (b)”;

(b)in the Road Traffic Offenders Act 1988, in section 79(4), for “subsection (8) of that section” substitute “Criminal Procedure Rules”;

(c)in the Criminal Justice and Public Order Act 1994, in Schedule 9, omit paragraph 6(1);

(d)in the Criminal Procedure and Investigations Act 1996, omit section 69.

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